Pensions disputes

Overview

Our dedicated team of pensions disputes lawyers has been recognised by Chambers UK and Legal 500 directories for its expertise in this area. We are experienced in advising employers, trustees and beneficiaries on all types of pensions disputes.

With specialists in alternative dispute resolution methods, we provide our clients with the most effective pensions dispute resolution, tailored to your needs.

We take a pragmatic approach to pensions dispute resolution and aim to make the court a last resort, but when it becomes necessary to resort to litigation we have the experience needed to manage complex litigation whether we are acting for employer, trustee or beneficiary. Our aim is to resolve pensions disputes as quickly as possible and with minimal fuss.

Areas of focus

We regularly advise on pensions disputes involving the following:

Poorly drafted documentation.
Validity of scheme amendments.
Correcting errors in scheme documentation.
Administration errors including over and under payment of pension.
Member disputes, including complaints to the Pensions Ombudsman, the PPF Ombudsman and the Financial Ombudsman Service.
Professional negligence, acting for both claimants and defendants.
Protection for trustees in relation to litigation costs.
Regulatory disputes.
Self Invested Personal Pensions.
Small Self-Administered Schemes.

Experience

Advising the trustees of the Alitalia Italian Airlines Pension Scheme on a significant debt claim against Alitalia Linee Aeree Italiane S.p.A., pursuing this through the Italian High Court and Court of Appeal and successfully negotiating a compromise of the claim.

Advising the trustees of the Great Lakes Pension Scheme in relation to Financial Support Direction (FSD) proceedings brought by the Pensions Regulator against the principal employer, Chemtura UK Ltd.

Advising the members of the Samworth Brothers Pension Scheme in relation to rectification of Scheme documentation to correct drafting errors.

Advising the members of the Volvo Truck and Bus Pension Scheme in relation to rectification of Scheme documentation to correct drafting errors.

Advising Volvo Truck and Bus on professional negligence claims against negligent benefit consultants and solicitors.

Advising the liquidator of Artenius Ltd on a negligence claim against the actuarial consultants for negligent advice on early retirement factors.

Advising the members of the Sea Containers 1983 Scheme in relation to the compromise of equalisation proceedings.

Advising the members of the Foster Wheeler Pension Scheme in relation to equalisation proceedings which re-defined members' rights in relation to drawing pension.

Defending a former finance director of a printing business in relation to contribution proceedings seeking a contribution of £1.6 million for alleged breach of trust.

Advising the trustees of the Hextall Erskine Pension Scheme in relation to a claim against former trustees of the Scheme for investments made negligently and in breach of trust.

Acting as a representative beneficiary in cases where no suitable member can be found.

Advising a car manufacturer and its pension scheme on professional negligence claims and applications to court to determine the correct basis for administering the scheme.

Advising 20,000 members of a supermarket pension scheme in relation to the most valuable equalisation case ever to have come before the courts.

Advising the members of the Merchant Navy Ratings Pension Fund in relation to an application by the Fund’s trustees to seek court approval to a deficit contribution regime aimed at recovering a deficit of over £350 million.

Advising the trustees of the Malaysian Airlines Pension Scheme in relation to funding negotiations with the administrators of Malaysian Airlines.

Advising the trustees of the Desmond & Sons 1975 Pension Scheme in relation to Contribution Notice (CN) proceedings brought against former directors and shareholders of Desmond & Sons Ltd.

Meet the team